Karnataka High Court
Smt Parvatevva W/O Sommanna Gulannavar vs State Of Karnataka on 28 April, 2026
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2026:KHC-D:6360
CRL.P No. 100803 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 28TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CRIMINAL PETITION NO.100803 OF 2026
(438 OF CR.PC/482 OF BNSS)
BETWEEN:
1. SMT. PARVATEVVA W/O. SOMMANNA GULANNAVAR,
AGED ABOUT 36 YEARS, R/AT: UMACHAGI VILLAGE,
HUBBALLI TALUK, DHARWAD DISTRICT-581195.
2. SMT. BASAVVA W/O. GANGAPPA VALI,
AGED ABOUT 53 YEARS, R/AT: UMACHAGI VILLAGE,
HUBBALLI TALUK, DHARWAD DISTRICT-581195.
...PETITIONERS
(BY SRI SHARATH P. HANAMARADDI, ADVOCATE.)
AND:
Digitally signed
by MALLIKARJUN STATE OF KARNATAKA,
RUDRAYYA
KALMATH HUBBALLI RURAL P.S., REPRESENTED BY
Location: High
Court of
Karnataka,
STATE PUBLIC PROSECUTOR, HIGH COURT
Dharwad Bench
OF KARNATAKA, BENCH AT DHARWAD-580011.
...RESPONDENT
(BY SRI ABHISHEK MALIPATIL, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING
TO ENLARGE THE PETITIONERS/ACCUSED NOS.8 AND 9 ON
BAIL, IN THE EVENT OF THEIR ARREST, ON SUCH TERMS AND
CONDITIONS AS THIS COURT DEEMS FIT, IN CONNECTION
WITH CRIME NO.62/2026 OF AT HUBBALLI RURAL POLICE
STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 189(2), 191(2), 115(2), 126(2), 352, 351(2), 108
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NC: 2026:KHC-D:6360
CRL.P No. 100803 of 2026
HC-KAR
AND 190 OF BHARATIYA NYAYA SANHITA, 2023
(CORRESPONDING TO SECTIONS 143, 147, 323, 341, 504, 506,
306 READ WITH SECTION 149 OF IPC) NOW PENDING ON THE
FILE OF THE II JMFC COURT, HUBBALLI, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL ORDER
Heard the arguments of Sri Sharath P. Hanamaraddi, learned counsel for the petitioners/accused Nos.8 and 9 and Sri Abhishek Malipatil, learned HCGP for the respondent State.
2. This petition is filed by the petitioners/accused Nos.8 and 9 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 438 of the Criminal Procedure Code, 1973), praying to enlarge the petitioners/accused Nos.8 and 9 on bail in the event of their arrest, on such terms and conditions as this Hon'ble Court deems fit, in connection with Hubballi Rural P.S. Crime No.62/2026, registered for the offences punishable under sections 189(2), 191(2), 115(2), 126(2), 352, 351(2), 108, -3- NC: 2026:KHC-D:6360 CRL.P No. 100803 of 2026 HC-KAR and 190 of Bharatiya Nyaya Sanhita, 2023 (corresponding to sections 143, 147, 323, 341, 504, 506, 306 read with section 149 of IPC), now pending on the file of the II JMFC Court, Hubballi, by allowing this criminal petition.
3. It is the brief case of prosecution as per the complaint averments that the complainant is wife of the deceased. On 27.02.2026 there was a quarrel taken place between the deceased and the accused persons regarding laying pipeline and on that day, it is alleged that the accused have assaulted the deceased. Thereafter the deceased went to the hospital for treatment. Therefore, in this regard a complaint was lodged against the accused persons. After two days it was informed to the son of complainant that the accused persons lodged a complaint against the deceased and the complainant wherein the police have summoned the deceased and his wife/complainant for enquiry, therein it is alleged that atrocity case would be filed against the deceased and he would be sent to jail and thereafter while going to police -4- NC: 2026:KHC-D:6360 CRL.P No. 100803 of 2026 HC-KAR station, the deceased returned by saying that he has forgot to bring the medical records and committed suicide. Therefore, it is alleged that since the petitioners and other accused persons have threatened the deceased to lodge atrocity case and send him to jail, being afraid he has committed suicide. Hence, a complaint was filed alleging that these petitioners have abetted the deceased for committing suicide. Therefore, with these allegations a crime was registered and the offences were foisted against the accused persons as stated above.
4. Learned counsel for petitioners/accused Nos.8 and 9 submitted that the offence alleged in the complaint on its face value does not attract the offence under Section 306 of IPC. Therefore, submitted that the elements of abetment for suicide is not alleged in the complaint. Further, the petitioners are not belonging to the SC/ST. Hence, there is no question of threatening the deceased to file atrocity case. Therefore, considering these facts, prays to grant anticipatory bail to the petitioners/accused. -5-
NC: 2026:KHC-D:6360 CRL.P No. 100803 of 2026 HC-KAR
5. The learned HCGP has vehemently objected for grant of bail to the petitioners and prays to reject the bail petition.
6. In the complaint it is stated that on 27.02.2026 there was a quarrel taken place between the deceased and the accused persons with regard to laying water pipeline. In that regard a complaint was lodged by the deceased in the police station and also for having sustained injuries, the deceased took treatment in the hospital. After two days the deceased and his wife were summoned on the guise that these petitioners/accused have filed complaint against the deceased and threatened the deceased to file atrocity case against him and send him to jail. Therefore, being afraid the deceased committed suicide.
7. The main ingredient in the complaint to commit suicide is that the petitioners have threatened the deceased making him to send jail by filing atrocity case. This is the reason expressed in the complaint by the complainant for -6- NC: 2026:KHC-D:6360 CRL.P No. 100803 of 2026 HC-KAR the deceased committing suicide. Whether this attracts abetment of suicide or not is a question for trial based on the evidence. Further more, in the complaint there is no mention that these petitioners were at the spot on 27.02.2026. No doubt in the complaint it is stated that the petitioners are neighbours of the complainant. Therefore, without expressing any opinion on merits involved in the case, this Court is of the opinion that the petitioners/accused Nos.8 and 9 are liable to be enlarged on bail by granting anticipatory bail allowing this petition. Hence, I proceed to pass the following:
ORDER
i) The petition is allowed.
ii) The petitioners/accused Nos.8 and 9 are ordered to be enlarged on bail in the event of their arrest in Hubballi Rural P.S. Crime No.62/2026, registered for the offences punishable under sections 189(2), 191(2), 115(2), 126(2), 352, 351(2), 108, and 190 of Bharatiya Nyaya Sanhita, -7- NC: 2026:KHC-D:6360 CRL.P No. 100803 of 2026 HC-KAR 2023 (corresponding to sections 143, 147, 323, 341, 504, 506, 306 read with section 149 of IPC), now pending on the file of the II JMFC Court, Hubballi, subject to the following conditions.
a) The petitioners/accused Nos.8 and 9 shall execute a personal bond for a sum of Rs.1,00,000/- each along with one surety for the like sum to the satisfaction of the Trial Court.
b) The petitioners/accused Nos.8 and 9 shall appear before the trial Court and shall seek for regular bail within ten days from the date of receipt of a copy of this order.
c) The petitioners/accused Nos.8 and 9 shall not indulge in any criminal case.
d) The petitioners/accused Nos.8 and 9 shall not leave the jurisdiction of the Trial Court without prior permission of the Court. -8-
NC: 2026:KHC-D:6360 CRL.P No. 100803 of 2026 HC-KAR
e) The petitioners/accused Nos.8 and 9 shall not tamper and threaten the prosecution witnesses in any manner.
f) The petitioners/accused Nos.8 and 9 shall mark their attendance before the concerned police station on every Saturday between 11.00 a.m. to 02.00 p.m. till filing of the charge sheet.
g) The petitioners/accused Nos.8 and 9 shall attend the Court regularly during the trial without fail. If not attend for consecutive two times, it entails cancellation of bail.
iii) Violation of any of the conditions would entitle the prosecution to seek for cancellation of bail.
Sd/-
(HANCHATE SANJEEVKUMAR) JUDGE MRK CT-AN List No.: 2 Sl No.: 13